[Federal Register Volume 69, Number 73 (Thursday, April 15, 2004)]
[Notices]
[Pages 20025-20027]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-8570]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF THE INTERIOR


Truckee River Operating Agreement, California and Nevada

AGENCY: U.S. Department of the Interior.

ACTION: Notice of intent to prepare a revised draft environmental 
impact statement/environmental impact report.

-----------------------------------------------------------------------

SUMMARY: Pursuant to the National Environmental Policy Act (NEPA) of 
1969, as amended, the Council on Environmental Quality (CEQ) 
regulations, the California Environmental Quality Act (CEQA), and the 
California State CEQA guidelines, the U.S. Department of the Interior 
(Interior) and the California Department of Water Resources (DWR) 
intend to prepare a revised draft environmental impact statement/
environmental impact report (revised Draft EIS/EIR) for the Draft 
Truckee River Operating Agreement (TROA) which would implement Section 
205(a) of the Truckee-Carson-Pyramid Lake Water Rights Settlement Act 
of 1990, Title II of Pub. L. 101-618 (Settlement Act). Scoping meetings 
were held for the original draft EIS/EIR and no additional scoping 
meetings are planned.

ADDRESSES: Kenneth Parr, Bureau of Reclamation (Reclamation), 705 North 
Plaza Street, Room 320, Carson City, Nevada 89701-4015, e-mail: 
[email protected]; or Michael Cooney, DWR, Central District, 3251 S 
Street, Sacramento, California 95816-7017, e-mail: [email protected].

FOR FURTHER INFORMATION CONTACT: Kenneth Parr, Reclamation, telephone: 
775-882--3436, TDD 775-882-3436, or fax 775-882-7592; or Michael 
Cooney, DWR, telephone: 916-227-7606. Information is also available at 
Reclamation's Web site at: http://www.usbr.gov/mp/troa/.

SUPPLEMENTARY INFORMATION:

Background

    Section 205(a) of the Settlement Act directs the Secretary of the 
Interior (Secretary), in conjunction with others, to negotiate an 
operating agreement governing operation of federal Truckee River 
reservoirs and other specified matters. Interior, U.S. Department of 
Justice, States of California and Nevada, Pyramid Lake Paiute Tribe, 
Sierra Pacific Power Company, Truckee Meadows Water Authority, and 
other entities in California and Nevada completed a draft of the TROA 
in October 2003. The Draft TROA is the first of a number of steps 
required before TROA can be implemented. The Draft TROA is now 
available to the public in advance of completion of the revised

[[Page 20026]]

Draft EIS/EIR. The Draft TROA can be viewed at http://www.usbr.gov/mp/troa/docs/TROAdraft.pdf.
    TROA would, in part, (1) Enhance conditions for threatened and 
endangered fishes throughout the Truckee River basin; (2) increase 
municipal and industrial (M&I) drought protection for Truckee Meadows 
(Reno-Sparks metropolitan area); (3) improve river water quality 
downstream from Sparks, Nevada; and (4) enhance stream flows and 
recreational opportunities in the Truckee River basin. At the time TROA 
takes effect, the Settlement Act provides that a permanent allocation 
between California and Nevada of water in the Lake Tahoe, Truckee River 
and Carson River basins will also take effect. The allocation of those 
waters has been a long-standing issue between the two States; 
implementation of TROA resolves that issue. In addition, Section 205 of 
the Settlement Act requires that TROA, among other things, implement 
the provisions of the Preliminary Settlement Agreement as modified by 
the Ratification Agreement and ensure that water is stored and released 
from federal Truckee River reservoirs to satisfy the exercise of water 
rights in conformance with the Orr Ditch decree and Truckee River 
General Electric decree. The Preliminary Settlement Agreement as 
modified by the Ratification Agreement was a 1989 agreement between 
Sierra Pacific Power Company and the Pyramid Lake Paiute Tribe to 
change the operation of federal reservoirs and Sierra Pacific's 
exercise of its Truckee River water rights to (1) improve spawning 
conditions for threatened and endangered fish species (cui-ui and 
Lahontan cutthroat trout) and (2) provide additional M&I water for 
Truckee Meadows during drought situations.
    Before TROA can be approved by the Secretary and the State of 
California, and signed by other negotiating parties, potential 
environmental effects of the agreement must be analyzed pursuant to 
NEPA and CEQA. Accordingly, Interior and DWR will jointly prepare a 
revised Draft EIS/EIR for that purpose. The revised Draft EIS/EIR is 
expected to be released for public comment in the summer of 2004.
    An initial Draft EIS/EIR was prepared and released for public 
review in February 1998. Since then, ongoing negotiations have 
substantially modified the proposed agreement, resulting in the need to 
prepare a revised Draft EIS/EIR.

Current Activities

    With the public release of the Draft TROA by the negotiators, a new 
analysis can begin. This analysis will be based on current conditions 
as well as three alternatives: (1) No Action Alternative (current 
management continuing in the future, without TROA); (2) Local Water 
Supply Alternative (changed management in the future, without TROA); 
and (3) TROA in the future. A Notice of Availability/Notice of 
Completion will be filed and published announcing (1) the release of 
the revised Draft EIS/EIR, (2) dates for a public comment period, and 
(3) locations of hearings that will provide public involvement 
opportunities. Section 205 of the Settlement Act also requires that any 
final TROA be issued as a Federal Regulation. Accordingly, and 
concurrently with the preparation of the revised Draft EIS/EIR, a draft 
regulation is being prepared which will be issued for public comments 
by publication in the Federal Register.
    Once public comments on the revised Draft EIS/EIR and draft TROA 
regulation have been received, the lead agencies will send any comments 
that might relate to provisions of the draft TROA regulation to the 
negotiators. Comments on the revised Draft EIS/EIR will be addressed in 
the final environmental analysis of TROA, together with any changes 
thereto, and a Final EIS/EIR will be published. The Secretary cannot 
sign a final TROA until a Record of Decision has been completed. The 
State of California cannot sign TROA until it has considered and 
certified the Final EIS/EIR in conjunction with making any necessary 
findings pursuant to CEQA. These and other steps, including approval by 
the Orr Ditch and Truckee River General Electric Courts, must be 
completed before TROA may be implemented. TROA will also be published 
as a Federal Regulation.

Description of Alternatives

No Action Alternative (No Action)

    Under No Action, Truckee River reservoir operations would remain 
unchanged from current operations and would be consistent with existing 
court decrees, agreements, and regulations that currently govern 
surface water management (i.e., operating reservoirs in the Truckee 
River and Lake Tahoe basins and maintaining stream flows) in the 
Truckee River basin. Truckee Meadows Water Authority's (TMWA) existing 
programs for surface water rights acquisition and groundwater pumping 
for M&I use would continue. Groundwater pumping and water conservation 
in Truckee Meadows, however, would satisfy a greater proportion of 
projected future M&I demand than under current conditions. Groundwater 
pumping in California would also increase to satisfy a greater 
projected future M&I demand.

Local Water Supply Alternative (LWSA)

    All elements of Truckee River reservoir operations, river flow 
management, Truckee River hydroelectric plant operations, minimum 
reservoir releases, reservoir spill and precautionary release criteria, 
and water exportation from the upper Truckee River basin and Lake Tahoe 
basin under LWSA would be the same as described under No Action. The 
principal differences between No Action and LWSA would be the source of 
water used for M&I purposes, extent of water conservation, 
implementation of a groundwater recharge program in Truckee Meadows, 
and assumptions regarding governmental decisions concerning approval of 
new water supply proposals.

TROA Alternative (TROA)

    TROA would modify existing operations of all designated reservoirs 
to enhance coordination and flexibility while ensuring that existing 
water rights are served and flood control and dam safety requirements 
are met. TROA would incorporate, modify, or replace various provisions 
of the Truckee River Agreement (TRA) and the Tahoe-Prosser Exchange 
Agreement (TPEA). TROA would supersede all requirements of any 
agreements concerning the operation of all reservoirs, including those 
of TRA and TPEA, and would become the sole operating agreement for all 
designated reservoirs.
    All reservoirs would continue to be operated under TROA for the 
same purposes as under current operations and with most of the same 
reservoir storage priorities as under No Action and LWSA. The 
Settlement Act requires that TROA avoid adverse impacts to Orr Ditch 
decree water rights.
    The primary difference between TROA and the other alternatives is 
that TROA would expand opportunities for storing and managing other 
categories of water not addressed under the current permit or license 
of a reservoir (i.e., credit water). Signatories to TROA generally 
would be allowed to accumulate credit water in storage by retaining or 
capturing water in a reservoir that would have otherwise been released 
from storage or passed through the reservoir to serve a downstream 
water right (e.g., retaining Floriston Rate water that would have been 
released to serve an Orr Ditch decree water right). In cases with a 
change in the place or type of use, such storage could take place only 
after a transfer in accordance with applicable

[[Page 20027]]

State water law. Once accumulated, credit water would be classified by 
category with a record kept of its storage, exchange, and release. 
Credit water generally would be retained in storage or exchanged among 
the reservoirs until needed to satisfy its beneficial use. The Interim 
Storage Agreement (negotiated in accordance with Section 205(b)(3) of 
the Settlement Act) would no longer be necessary and so would be 
superseded by new storage agreements between the Bureau of Reclamation 
and TROA signatories.

    Dated: April 8, 2004.
Willie R. Taylor,
Director, Office of Environmental Policy and Compliance.
[FR Doc. 04-8570 Filed 4-14-04; 8:45 am]
BILLING CODE 4310-MN-P